S T A T E O F N E W Y O R K
________________________________________________________________________
6895
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
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Introduced by M. of A. PARMENT -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, the education law and the county law,
in relation to the conduct of school board elections by the board of
elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-102 of the election law, as amended by chapter
727 of the laws of 1991, is amended to read as follows:
S 1-102. Applicability of chapter. This chapter shall govern the
conduct of all elections at which voters of the state of New York may
cast a ballot for the purpose of electing an individual to any party
position or nominating or electing an individual to any federal, state,
county, city, town [or], village OR SCHOOL BOARD office, or deciding any
AND ALL ballot [question] QUESTIONS AND/OR BUDGET REFERENDUM submitted
to all the voters of the state or the voters of any county or city, or
deciding any ballot question submitted to the voters of any town or
village at the time of a general election. Where a specific provision of
law exists in any other law which is inconsistent with the provisions of
this chapter, such provision shall apply unless a provision of this
chapter specifies that such provision of this chapter shall apply
notwithstanding any other provision of law.
S 2. Section 3-102 of the election law is amended by adding a new
subdivision 9-B to read as follows:
9-B. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE
COMMISSIONER OF EDUCATION, PROVIDING FOR THE CONDUCT AND SUPERVISION OF
ELECTION OF SCHOOL BOARD MEMBERS OR TRUSTEES BY THE BOARD OF ELECTIONS;
S 3. Section 1602 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. THE ELECTION OF TRUSTEES PURSUANT TO THIS SECTION MAY BE CONDUCTED
BY AND SUBJECT TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09221-01-9
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IN SECTION 1-104 OF THE ELECTION LAW, UPON THE PASSAGE OF A RESOLUTION
BY THE BOARD OF TRUSTEES.
S 4. Section 1702 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. AN ELECTION PURSUANT TO THIS SECTION MAY BE CONDUCTED BY AND
SUBJECT TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED IN
SECTION 1-104 OF THE ELECTION LAW UPON THE PASSAGE OF A RESOLUTION BY
THE SCHOOL BOARD.
S 5. Subdivision 3 of section 1703 of the education law, as amended by
chapter 797 of the laws of 1957, is amended to read as follows:
3. The additional members first elected shall be elected at a special
meeting which shall be called by the board and be held not less than
thirty nor more than sixty days following the annual meeting at which
the number was increased, and pending the first election of such addi-
tional members no vacancy shall be deemed to exist in the offices there-
of except for the purpose of filling the same by election, notwithstand-
ing any inconsistent provision of any law. AN ELECTION PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY AND SUBJECT TO THE SUPERVISION OF THE BOARD
OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW, UPON THE
PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
S 6. Subdivision 4 of section 1804 of the education law, as amended by
section 1 of part M of chapter 57 of the laws of 2005, is amended to
read as follows:
4. The annual meeting and election in each central school district
shall be held on the third Tuesday of May provided, however that such
annual meeting and election shall be held on the second Tuesday in May
if the commissioner at the request of a local school board certifies no
later than March first that such election would conflict with religious
observances, and any school budget revote shall be held on the date
specified in subdivision three of section two thousand seven of this
title. Such annual meeting and school budget revote shall be conducted
and the election of members of the board shall be held in the same
manner as in union free school districts organized and operating under
the provisions of this chapter, INCLUDING THE CONDUCT AND SUPERVISION OF
SUCH ELECTION BY THE BOARD OF ELECTIONS WHERE THE BOARD HAS PASSED A
RESOLUTION PROVIDING THEREFOR. The board of education of each central
school district shall hold a budget hearing not less than seven nor more
than fourteen days prior to the annual or special district meeting at
which a school budget vote will occur, and shall prepare and present to
the voters at such budget hearing a proposed school district budget for
the ensuing school year.
S 7. The education law is amended by adding a new section 2022-a to
read as follows:
S 2022-A. CONDUCT OF ELECTION OF TRUSTEES AND MEMBERS OF THE BOARD OF
EDUCATION. UPON THE PASSAGE OF A RESOLUTION BY THE BOARD OF EDUCATION OR
TRUSTEES PROVIDING THEREFOR, ELECTIONS FOR THE OFFICE OF TRUSTEE OR
MEMBER OF THE BOARD OF EDUCATION MAY BE CONDUCTED BY AND SUBJECT TO THE
SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF
THE ELECTION LAW.
S 8. Subdivision 2 of section 2502 of the education law, as amended by
chapter 698 of the laws of 1989, is amended to read as follows:
2. Each board of education shall consist of five, seven or nine
members, to be known as members of the board of education. In the city
of Albany, such board shall consist of seven members; and in the city of
Rensselaer, such board shall consist of five members; subject, however,
to any increase or decrease of the number of members of such board as
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provided pursuant to the provisions of paragraph a of subdivision four
of this section. Members of such board shall be elected by the qualified
voters at large of the school district at annual school elections, under
the provisions of article fifty-three of this chapter except in the city
school district of the city of Albany; provided, however, each board of
education may upon its own motion, and shall upon a written petition,
subscribed by not less than five hundred qualified voters of the
district, cause to be submitted at the annual school election a proposi-
tion to consider each vacancy upon the board of education a separate
specific office requiring a separate petition to nominate a candidate to
each separate office in accordance with the provisions of article
fifty-three of this chapter. AN ELECTION PURSUANT TO THIS SECTION MAY
BE CONDUCTED BY AND SUBJECT TO THE SUPERVISION OF THE BOARD OF
ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW, UPON THE
PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
S 9. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to read
as follows:
1. No person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is not quali-
fied to register for or vote at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a period of at
least three years immediately preceding the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected at large is not a
qualified voter of such city school district and who has not been a
resident of such district for a period of at least three years imme-
diately preceding the date of his election and in the case of a member
elected from a city school subdistrict is not a qualified voter of such
city school subdistrict and has not been a resident of the city school
district for three years and a resident of the city school subdistrict
which he represents or seeks to represent for a period of one year imme-
diately preceding the date of his election, and who, in the case of the
city school district of the city of Rochester, is not a qualified voter
under section 5-102 of the election law of such city school district;
and who in the case of the city school district of the city of Syracuse
has not been a qualified voter under section 5-102 of the election law
of such city school district for at least ninety days immediately
preceding the date of his election or appointment. AN ELECTION PURSUANT
TO THIS SECTION MAY BE CONDUCTED BY AND SUBJECT TO THE SUPERVISION OF
THE BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW,
UPON THE PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
S 10. Section 361-a of the county law, as amended by chapter 359 of
the laws of 1989, is amended to read as follows:
S 361-a. Expenses of boards of elections outside New York City; appor-
tionment of. The board of elections in each county, outside of the city
of New York, on or before the fifteenth day of December and not earlier
than the first day of October, in each year, shall certify to the clerk
of the legislative body of the county, the total amount of the expenses
of such board of elections, including salaries for the preceding year,
and, if the legislative body of any county shall so direct, shall certi-
fy to such clerk the portions of such expenses which under provisions of
law are to be borne by any city or cities in said county and the portion
thereof which is to be borne by the rest of such county and such clerk
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shall thereupon notify the proper local official or officials, who, in
spreading upon the assessment-rolls the taxes to be levied upon the
taxable property in the city or any such cities, and in the rest of the
county, shall include in the amount so spread the amounts certified by
the board of elections to be borne by such city or cities, respectively,
and in the amount spread upon the assessment-rolls of the taxable prop-
erty in the several towns or other political subdivisions of the rest of
the county the amount so certified by said board of elections to be
borne by such towns or political subdivisions respectively. Whenever any
additional expenses either for salaries or supplies in addition to the
regular county-wide primary and election expenses are incurred by a
board of elections incidental to any election in any city, town, SCHOOL
DISTRICT or village, such board of elections shall certify to the county
legislative body a detailed statement of such expenses and said county
legislative body may cause the amount thereof to be levied against such
city, town, SCHOOL DISTRICT or village or may certify the amount thereof
to such city, town, SCHOOL DISTRICT or village and such city, town,
SCHOOL DISTRICT or village shall upon such certification, include the
amount so certified in the next budget and tax levy and shall pay the
same to the county.
S 11. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be promulgated, amended or repealed on or before
such date.